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France to disconnect pirates
Author: Gareth HalfacreePublished: 20th June 2008
Another name to add to the acronym mash: HADOPI, and this one is set to be a real thorn in French pirates' sides.
BetaNews broke the news (via Reuters) that the Cultural Minister of France Christine Albanel has introduced a bill which threatens file sharers with disconnection from the Internet. Via the foundation of an anti-piracy organisation to be called HADOPI, or Haute Autorité pour la Diffusion des Œuvres et la Protection des droits sur Internet (that's the High Authority for Copyright Protection and Dissemination of Works on the Internet to you and me), the riposte graduée of a three-strikes policy will be brought to bear against downloaders of hooky content.
HADOPI will be responsible for the collection of IP addresses associated with the illicit downloading of copyright materials. This information will then be tied to personal details via the collusion of the nation's ISPs. The first strike is an e-mail warning the user to cease and desist their eyepatch-wearing ways. The second is an official letter, presumably on headed paper with a nice intimidating logo.
Finally, you get the killing blow: if the e-mail and the letter haven't scared the wrongdoer off, the ISP will be ordered to terminate their connection for a period of between three months and one year.
The overall goal of the project – and the yardstick for its success – is an 80 percent reduction in piracy by the nation's 'net users. A lofty goal, but I think Albanel might be setting her sights a little high. The project will be voted upon by parliament this autumn, and if ratified will be implemented at the start of next year.
Do we have any French readers worried about their habits getting them into bother, or are you just glad the punishments don't extend to Monsieur Guillotine? Share your thoughts over in the forums.
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Comments (53)Stats: 0.074 seconds
2. Is this not a breach of the human rights act in some way I'm remembering vaguely that everyone is entitled to privacy of information (I just can not remember where I saw it)
3. Also just because it states that a specific IP is downloading illegal files prove that its the account holder doing it.
4. Anyone every heard of proxy servers
5. Whats to stop some one just changing the file name before its uploaded so that instead of reading *latest film name here* it just reads *my holiday videos* or something.
2, how will they email you with the first warning without (I'm guessing) breaching your privacy by forcing someone to divulge your details. its not like your email is tied to your IP. My ISP doesn't know any of my email accounts
I love insane goals, too.
They're fun :B
Hm. Not so sure about that, as governments seem to be more scared of the copyright lobby groups now. :( Also, there is the stupid connection that some people have in their heads that disagreeing with legislation like this makes you a pirate yourself. Which is patently nonsense, but that doesn't mean it's any less present in the heads of the anti-piracy lobby and most politicians (as they will think whatever the person handing them the wad of cash wants them to, half the time...)
...
And for those who are saying "My ISP doesn't have my e-mail address"... well, do you have a net connection? Do you send them money each month?
Then they have enough information to contact you. By e-mail or snail mail.
The only problem I can see with this is that if France pass this bill and it works it won't be long before it spreads liek the black plague throughout the rest of Europe then in to the rest of Eurasia then on to the ol' USofA.
I'm quite interested in the magical way that they get my email address without breaking privacy laws. Care to elaborate?
Most ISPs provide you with an ISP e-mail. Chances are they'll write to that (if indeed they only use e-mail for the 'First Strike') and if you don't have that e-mail active... well they'll turn around and say, "We tried, but you ignored us."
Isn't copyright supposed to stop others from profiting from your work? In which case, all this downloading is perfectly within copyright law...
In extension to your post, your ISP may provide you with an email. But not all ISPs do that. Just like mine. Maybe this will apply to France because ISPs do provide an email account. My guess is that, if a country does rectify such a law and your ISP does not provide you with an email. Expect the first warning in the form of a letter.
Not technically true, however the data Protection Act in the UK does in include work arounds to obtain information for the purpose of investigating and preventing fraudulent activity -piracy in this case. A formal request just has to be made in accordance with Section 29(3) or 35 something and ANY information can be passed freely. If the info is used for anything else though that also is a criminal offence and the person/company misusing the info can be prosecuted. I would assume something similar will be in effect in France.
Just to be safe, I assume everything I do via electronic media can be monitored, so I stay away from questionable activity. Who really knows how much covert monitoring really goes on? I just automatically assume our rights are being ignored by certain unnamed agencies.
And where is free internet distribution defined as misuse?
Its the content being distributed that makes it a misuse.
What abou pornography? Any ten years old kid can get ANY KIND of pornography in the internet. And the can share them too! It's clear that this is lobby just, not an overwatch to prevent law breaks.
So if this kind of law pass, it will open a breach to every governor in the world look at your packets. If i ever look into some site that teaches how to make bombs, that would make me a potential thread even if i am only curious.
So again, how to track an unknown pedofile, a murderer or such? I think such law would open a breach to every single conection to be opened in some way or another.
We still (I believe) are relatively safe when talking on the phone. But they are the next step. Perhaps not the NEXT STEP, but they would be in the way. This whole vision makes me think of a huge dictactorship.
I am not defending the piracy, but the privacy!...
And i love adult sites too :D
That doesn't answer my question.. Who or what defined/defines internet P2P distribution as misuse?
im pretty sure breaking the law is misuse. somewhere in the small print will be a statement about not using the service to break laws of any kind
But im personally more scared of the Anti-Counterfieting Trade Agreement , ACTA for short (google it). Your laptop/ipod/mp3/any storage can get searched and dumped on a remote storage,etc,etc. And if refused, taken off you for a period of time......
that happens here = i refuse to use any of that technology!
proxy power ftw ( or did they think of that)
p2p trafic isnt all illigal, I use it alot for linux distros ( they are distributed this way)
I wonder if they will search every bite of your download and upload stuff. Blizzards main server is in france, And its full p2p( for patches and updates) Wonder if they will ban blizzard entertainment, As its p2p
gl with acta, They have no power in most countrys. And if you smart just delete all contents from a laptop / ipod ect ect. Any files i keep are on external drives. That could be made unrecoverable at a touch of a button. ( Not that i pirate games/ music) (tv shows is a dif issue).( show the freaking thing on same day as USA please)
Consider this
All copied files are winrar files. Which are just data peacis till converted. So how will the isps ever know that they are downloading movies music or games. As its imposible unless the peace all the data together. ( which at say 8gb for a game) is a hell of alot of work.
Isps can not trace the file to any one person, And theres an easy way FTP file transfer completely secure. Most of the big pirates run of servers that are run in none extradition countrys. Gl shutting them down. Stopping the people wont stop the pirates.
Piratebay mininova btjunkie all exist, And will still exist as the links they provide are not on there server.
France can go through with this but i think the company they will upset will be blizzard,
Why would an anti-piracy organization bother with Blizzard P2P system?
P2P in itself is legal and a wonderful tool. Its the freeloaders that give it a bad name by using it to get stuff for free at the expenses of the creator, publisher and paying customers.
Large majority of P2P freeloaders are just parasites.
i asked one of my wow addicted friends... he says yes.
So... even if this law is passed, it'll probably die the moment however many thousand French WoW addicts get a 'you naughty pirate, that's one strike' letter...
At least, we can hope. ;)
Its up for the ISPs to warn the customers and kick them out.
and then you would see tools blocking entire ranges of IP addresses...
So Tell me how do you tell the diffrence
Id like to here this
Already answered.
How do you tell what the data is when its encrpyted ?
ISP checks to see which customer was using that IP and sends a warning letter.
that would not work for long.... people would go to legit trackers and only download stuff from legit uploaders.... using a login system that blocks certain ip ranges.... either way i think... no... I KNOW piracy will never end.... it is to late now.
So next on answer to the question of
How do you tell what the data is when its encrypted ?
As for me i have no idea, Since unless the program extracted hte files on the go you would never know what the film/ game is Since it would say rarfile 0001 0002 0003 ect ect. Unless you download the full archieve then put them together. Then open the iso file in a program that isnt truly legal. They would never know.
As i said before from my POV its alot of work for some people to go through.
few things they would have to do
infiltrate the biggest private bit torrent sites ( find them first )
Actually offer content for download on those sites ( they would break the law themselfs to do this remember)
Then get people to download it.
of the 100000 people on most private sites you may get 60 people who download it. Say 1/20th are from a country were you can do something. So 3 people of the 100000 get a warning letter. for what was 2 days work.
2 days work to capture 3 people. Estimated population of france is 60742000 say 45% download p2p files. 27333900 people downloading, You stopped 3 of them. In 2 days. It would take you aprox 9111300 days or 25000 years to capture them all
GL,
P2P is just too rampant. Its used in just about every online game as a transfer tool between people for key game files. You would never catch enough to make the system worthwhile. And most of those online games transfer the data in bites. Which makes it even harder to compile. Its all well and good been one file. Share it into a million files and your work gets alot harder
you do know that you can block connections to your tracker.... as in you have to login to the torrent site, your IP is registered on the tracker and then you can use the tracker.....
....and make legit clients go away..... that is a great business strategy!
one thing that makes me think, if person X downloads a film and at the same time is seeding it to Y people, by the standard rules of the MAFIAA you are filthy pirate and you made them loose Y*price of album*tax, if they get all the pirates they would get Y*Y*price of album*tax.....
lets say 1.000.000 (yeah right!!!) people pirated indiana jones new movie
1.000.000 * 1.000.000 * 20€ * 1.10(10% tax)=22.000.000.000.000€ , 22 trillion euros...... for one movie.... now multiply that by all the movies, games and music that is being pirated......
they will never get everyone, if they put every pirate in jail or sue them to death they will fill up every jail, take some countries to bankruptcy, and loose a crap load of clients.... they might as well use the current piracy and P2P technology to their advantage!
another thing... almost everyone i know and has internet pirates something... lets say that about 25%-50% of all internet users pirate in some way.... i cant see companies loosing 25%-50% of their user base and revenues.... even if they are the ones that make them invest in better internet.... and people are sheep, even if they get several letters they will continue pirating because they are used to it...
the copyright material owners lost the money train some time ago... they also lost the opportunity to cut piracy from the root... its evolve or die!!
edit: impar, you are Portuguese as i am, look around you, do you really thing the people that pirate would stop doing it immediately? would it translate to higher media sales (considering the socio economic environment of the country)?
by the way, from what part of Portugal are you?
Is that for real?!?!?!?!?!?!?!?
I buy much more now than I did back then.
South.
The real ACTA threat (it's not iPod-scanning border guards)